The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-04-10

and arson, and that they have never
been tried and acquitted, as stated
in the newspapers Tor several weeks
past. Indeed, the knowledge that
these facts are of record, and that
the books and documents containing
them are in good state Of preserva-
ton, was only recently conveyed to
William Kissane.
KIssANE TRYING TO CLEAR HIMSELF.
About the Sd Of September, 1886,
the Clerk of the Supreme Court OF
California telegraphed the Clerk Of
the Court here inquiring if the
records of this county for thirty-fve
years back were complete and relia-
Bile. Mr.. James G. Rembert, deputy
clerk, replied by wire that they were
complete and reliable. On the 14th
of September, eleven days later, Mr..
j. b. Hart, an attorney from San
Francisco, arrived in this city and
began a systematic examination of
the records for the years 1853 and
1854. He was apparently well pleased
with the result Of his Investigations
until he found the order of the
Court declaring the bonds of Lyman
j. Cole and William Kissane for
feited. and at once asked the Clerk
if the original bills of indictment
we're on file. The Clerk began a
search for them, but failed to find
them. Mr.. Hart, after remaining
several days awaiting the result OF
Clerk Humphriess search, prepared
an affidavit, setting forth that the
records OF Phillips county, Arkansas,
showed that William Kissane was
clear of all entanglements by reason
Of the bills OF indictment returned at
the May term, 1854. This Clerk
HUMPHREYS refused to do. Mr..
Hart then approached Sheriff
Il. d. Pillow and requested
him to make affidavit that. he
held no warrant for the arrest of
William Kissane. He was equally
unsuccessful with Mr.. Pillow. Mr..
Harris manner during the last few
days he was here indicated that he
considered himself baked. lie was
very earnest in his efforts to secure
the affidavits from Clerk HUMPHREYS
and Sheriff Pillow, and while no di-
rect proposition was made by him to
suppress any evidence. he was thought
to be open to negotiations looking to
that end. Some days after his de-
parture Clerk j. Il. HUMPHREYS
found the two indictments, and your
correspondent read them this tore
noon. They are written on five
pages of legal cap paper, are tied to-
gether with double bow knot of red
ribbon and carefully sealed. They
charge the defendants with not hav-
| ing the fear of God before their eyes,
but being instigated and seduced by
the wiles of the devil, to have COM
mitted murder by burning to death
on board the steamboat Martha
Washington one Daniel Fox.
/ THE CASE TO BE REoPENED.
Prosecuting Attorney Stephen
Brundige, of this district, has writ
ten from his home at Searcy, this
State, TO the clerk of the court with
in the past ten days to carefully pre-
serve these indictments and all rec
ords bearing on the case of William
Kissane. This, taken in connection
with the fact that Gen. Francis G
| A. Darr has been in corresponding
for some weeks with Maj. John @
Palmer, the only lawyer living who
had any connection with the famous
trial of 1854, would seem to indicate
that some of the embers kindled by
the Martha Washington in 1852 may
yet be heaped on the head of William
Kissane Rogers. Maj. Palmer has
not divulged the nature of his cor
respoudence with Gen. Darr, bu
from his manner when interviewed
by your correspondent it was easy Il
see that he is as firmly convinced o
the guilt of the defendants as he wa
a third Of a century ago. Maj Palm
er described Kissane as the brains o
the conspiracy, cool, self possessed
smooth talking consummate sc0un
drel. Lyman G. Cole was thought t,
be a pirate, and was a large
rough looking man of coars
instincts, but willy and Gun
ming as Satan. Maj. Palmer
believes yet that he would have hat
Cummings hung and Kissane an
Cole sent to the penitentiary tor llf
but for States Attorney Bodham
Bodham was Of a convivial tempera
) ment, fond of billiards, a compan
ionable, laxative fellow, and prom
! to get communicative when undG
the influence OF wine. The attol
: neys for the defense knew this an
piled him with liquor every nigh
and easily drew from him his ow
, and Maj. Palmer's plan OF action tC
, the coming day. The wife Of job
N. Cunningham, the Captain of II
Martha Washington, was here wit
| her husband through the trial, an
D her great beauty and eloquent tongJ
;, we're of invaluable service to the ell
r tire party, She was very bitter t,
t ward Maj, Palmer, of the prosecl
Q ten, and after his speech on the trl
Q of Cunningham she denounced hi
g.. and his methods in strong term
5 Meeting Maj. John j. Harner, wi
;, was then quite a young man, and mi
!. taking him for Mai. Palmer, she pr
g ceeded to give him such tongl
e lashing as he never before or sin
r experienced.
: OF the grand jury that indict
h Kissane only one man is livipg-M
= J Thomas Oldham. The officers
l. the court are also dead with the e
@ ception of two-Arthur Thomps
# and the Sheriff, Mr.. Thompson sa
h the conspirators we're deeply touch,
y by the ceurtesies shown them by Il
It court officials and the citizens of d
% city; especially by the confidence r
If posed In them by their bondsme
e none of whom they had ever met
g. known prior to the trial; and on
Or ing discharged they published ca
s. in a local newspaper thanking {
IN public for courtesies and favors Q
lie tended.
a OF the last two names mention
A. in the indictment-James G. Mich,
W son and George r. Stephens
O. mention is made on the records
n